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Delhi Court May 2017 Judgments

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May 19 2017

M/S Liven Agrichem Pte Ltd. & Anr. Vs.union of India & Ors

Court: Delhi

Decided on: May-19-2017

$~15 *IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:19. 05.2017 + W.P.(C) 10781/2016 M/S LIVEN AGRICHEM PTE LTD. & ANR. ........ Petitioners versus UNION OF INDIA & ORS Advocates who appeared in this case: For the... Petitioner : ........ RESPONDENTS Mr P.Chidambaram, Senior Advocate and Mr Dhruv Mehta, Senior Advocate with Ms Udita Singh. For the Respondent : Mr Vikram Jetly, Advocate with Mr H.P.Singh, Law Officer, DAC& FW. Mr S.Bhardwaj, Assistant Commissioner (Shipping). Mr Sudipto Sircar, Advocate for R-4. Mr Srinam Krishna and Mr Ruchir Ranjan Rai, Advocates for R-3. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1905.2017 SANJEEV SACHDEVA, J.(ORAL) W.P.(C) 10781/2016 & CM No.42190/2016(stay) 1. The petitioners, by the present petition, seek a direction to respondent Nos.1 & 2 to allow re-testing of the third sample lying with Central Fertilizer Quality Control & Training Institute Laboratory, Faridabad (CFQCL&TI). WP(C) 10781/2016 Page 1 of 7 2. The petitio...


May 19 2017

Ravi Setia & Anr vs.som Nath Setia & Ors

Court: Delhi

Decided on: May-19-2017

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: May 19, 2017 CM(M) No.415/2017 + RAVI SETIA & ANR Through: Mr.Amresh Mathur, Advocate. ........ Petitioners versus SOM NATH SETIA & ORS ........ RESPONDENTS Through: Mr.Sanjeev Sindhwani, Senior Advocate instructed by Mr.Sanjay Dua, Advocate for R-1. Mr.Shubhendu Bhattacharya, Advocate, proxy for Mr.Kunal Sharma, Advocate for DDA/R-3. CORAM: HONBLE MS. JUSTICE PRATIBHA RANI JUDGMENT (Oral) CM(M) 415/2017 1. The petitioners have invoked the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India paying for setting aside the order dated 13th February, 2017 passed by the learned Trial Court in Civil Suit No.611896/16.2. Vide impugned order dated 13th February, 2017, the application under Section 151 of Code of Civil Procedure filed by the petitioners (who are defendants No.1 and 2 in Civil Suit No.611896/16) has been dismissed by CM(M) No.415/2017 Page 1 of 7 the learned Trial Court observin...


May 19 2017

Din Dayal Gupta vs.union of India & Ors.

Court: Delhi

Decided on: May-19-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :17. h April, 2017 Judgment pronounced on:19. h May, 2017 Writ Petition (C) 7700/2015 DIN DAYAL GUPTA ........ Petitioner Through : Mr. Arun Kumar Singh, Advocate versus CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA UNION OF INDIA & ORS. ........ RESPONDENTS Through : Mr. Rajan Sabharwal, Advocate A. K. CHAWLA, J.JUDGMENT Invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner-Din Dayal Gupta, seeks issuance of a writ of mandamus for being appointed Inspector (Prosecution) in pursuance of the employment notification No.1/2009 dated 14.11.2009 in short 'the subject notification'. WP(C) 7700/2015 Page 1 of 8 2. It is the case of the petitioner that vide 'the subject notification', the respondents had invited applications for filling up the posts of Inspector (Prosecution) and Sub-Inspector (Prosecution) from male, female and ex- serviceme...


May 19 2017

Hira Singh Bisht vs.union of India

Court: Delhi

Decided on: May-19-2017

$~6 *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. 05.2017 % + W.P.(C) 4310/2017 HIRA SINGH BISHT ........ Petitioner ..... Respondent versus UNION OF INDIA Advocates who appeared in this case: For the... Petitioner : For the Respondent : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Ms Zubeda Begum and Ms Sana Ansari, Advocates, Mr Sandeep Mahapatra, Advocate with Mr Dhanesh, P.G. Authorized Representative, Advocate for R-2. JUDGMENT1905.2017 SANJEEV SACHDEVA, J.(ORAL) CM No.18783/2017 (exemption) Allowed, subject to all just exceptions. W.P.(C) 4310/2017 & CM No.18782/2017(stay) 1. Learned counsel for the petitioner submits that the petitioner is willing to accept the accommodation offered. The petitioner has, however, learnt that there are certain arrears of water, electricity and gas connection on account of which the petitioner would not in a position to obtain water, electricity and gas connection in her name. WP(C) 4310/2017 Page 1 of 2 2. Learned counsel appear...


May 19 2017

Ravi Chaudhary vs.kanta Ahuja

Court: Delhi

Decided on: May-19-2017

$~20 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI RFA5042017 Date of Judgment:19. h May, 2017 RAVI CHAUDHARY ..... Appellant Through: Mr.Sajjad Adil, Adv. versus KANTA AHUJA Through: Ms. Prachee Satija, Adv. with Mr.Jai ...... Respondent CORAM: HON'BLE MR. JUSTICE VINOD GOEL Sahai Endlaw, Adv. VINOD GOEL, J.(ORAL) C.M.18976/2017 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. CAV. No.490/2017 Since the counsel for the respondent has appeared, the caveat stands discharged. RFA5042017 1. Challenge in this appeal is judgment and decree dated 28th March, 2017 passed by the learned Additional Judge-01 (South), New Delhi, in Civil Suit No.7791/2016 by which on admission of the appellant/defendant under Order XII Rule 6 CPC a decree of possession was passed against him in respect of Second Floor of C- 110, New Delhi South Extension, Part II, Delhi-110094. RFA5042017 Page 1 of 11 2. A Lease Deed dated 16th October, 2014 registered in the Offi...


May 19 2017

National Insurance Company Ltd. Vs.sheela Devi & Ors.

Court: Delhi

Decided on: May-19-2017

$~15 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h May, 2017 MAC.APP. 466/2015 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Manor R. Sinha, Adv. Versus SHEELA DEVI & ORS. ........ RESPONDENTS Through: Mr. Pawan Kumar Singh, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) MAC.APP. 466/2015 & CM No.10403/2015 1. On 26.01.2008 one Mr. Jagan Lal, a vegetable vendor was returning home around midnight along with his friends with his vegetable push-cart. They stopped at the Rohini Jail traffic light for crossing the road and while waiting for the signal to turn green, a truck bearing No.UP-12B-0237 being driven in a rash and negligent manner crushed the deceased under its wheels and crashed into another vehicle i.e. model -TATA407bearing No.DL- 1LG-0450. Jagan Lal was taken to Babu Jagjivan Ram Memorial Hospital, Jahangir Puri, Delhi where the doctors declared him dead on arrival. The deceased was survived by his wife and two daughters and ...


May 18 2017

M/S Global Carrying India vs.union of India & Ors.

Court: Delhi

Decided on: May-18-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI FAO Nos. 2/2017 & 3/2017 FAO No.2/2017 * + % + 18th May, 2017 ..... Appellant M/S GLOBAL CARRYING INDIA Through: Mr. Sunil Dalal, Advocate. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Rajeshwar Singh, Advocate. + FAO No.3/2017 M/S PRIME LOGISTICS ..... Appellant Through: Mr. Sunil Dalal, Advocate. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Rajeshwar Singh, Advocate CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. These appeals under Section 23 of the Railway Claims Tribunal Act, 1987 raise a singular issue as to whether a claim petition filed under Section 13 before the Railway Claims Tribunal if filed with delay can or cannot be condoned in a case where the original claim filed before the Railway Claims Tribunal itself did not come into FAO Nos. 2/2017 & 3/2017 Page 1 of 8 existence because of non-compliance of giving the requisite notice wit...


May 18 2017

Sunil Jain vs.zamiruddin

Court: Delhi

Decided on: May-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SUNIL JAIN ZAMIRUDDIN Ex. S. A. No.5/2015 18th May, 2017 ..... Appellant Mr. G.P. Thareja, Advocate with Mr. Usman Khan, Advocate. Through: versus Through: Mr. Sanjeev Soni, Advocate. ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Execution Second Appeal is filed by the appellant/objector/Sh. Sunil Jain against the impugned judgment dated 28.9.2015 of the first appellate court. The first appellate court allowed the appeal filed by the respondent/decree holder/Zamiruddin and set aside the judgment of the executing court dated 13.3.2015 whereby the executing court had allowed the objections filed by the present objector and thereby refused to grant execution of the decree for possession dated 28.9.2004 passed in favour of the respondent/decree holder. Ex. S.A. No.5/2015 Page 1 of 21 2. Before turning to the facts of the present case I would like to note that...


May 18 2017

C L Khanna (Retd) vs.union of India & Ors.

Court: Delhi

Decided on: May-18-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 05.2017 $~10. * + % LPA5482016 C L KHANNA (RETD) ..... Appellant Through: Ms. Jyoti Singh, Senior Advocate along with Mr. Tanuj Khurana, Mr.Himanshu Gautam & Mr. Rishabh Garg, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Prasanta Varma, Senior Central Govt. Counsel with Dr. G.L. Bhatia, G.P. and Ms. Prativarani Varma, Advocate for respondent No.1. Mr. Kirtiman Singh, CGSC respondent/ UOI. Mr. Amit Bansal & Ms. Seema Dolo, Advocates for respondent No.2. Mr. Mohinder J.S. Rupal & Ms.Disha Malhotra, Advocates for respondent No.3/ DU. Mr. Arjun Harkauli, Advocate for respondent No.4/ UGC. for LPA5482016 Page 1 of 16 CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA VIPIN SANGHI, J.(OPEN COURT) C.M. No.47649/2016 1. This application has been preferred by the applicant/ Sh. G.L. Bhatia, Advocate to mark his appearance in the order dated 07.10.2016.2. For the reasons stated in the a...


May 18 2017

Col. (Retd.) h.c. Goswami vs.state of Delhi & Anr

Court: Delhi

Decided on: May-18-2017

$ 12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :18. h May, 2017 + WP(CRL) 949/2009 COL. (RETD.) H.C. GOSWAMI ........ Petitioner Through: Mr. Sandeep P. Agarwal, Sr.Advocate with Mr. Rajesh Pathak, Advoate versus STATE OF DELHI & ANR ..... Respondent Through: Ms. Smriti Dutta, proxy counsel for Mr. Rahul Mehra, Standing Counsel for R-1/State Mr. Vinod Kumar and Mr. Aman Bhardwaj, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner concededly was one of the directors of a company named M/s. C.T. Cotton Yarn Ltd. On 25.01.2001 when cheque bearing no.757055 for Rs.57,00,000/- drawn on account no.20896, Canara Bank, 74, Janpath, New Delhi of the said company (accused) was issued, amongst others, under his signatures, he being an authorised signatory. The said cheque was admittedly presented by the drawee Frick India Ltd. (complainant / second respondent herein) in its bank on 22.01.2002 for encashment but was returned on the next day (i.e. 23.01....


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